An oral contract is a spoken agreement that can be legally binding. Parties enter into an agreement to do or not to do something. An oral contract is not enforceable if it falls under the statute of frauds, which requires certain contracts to be in writing to be valid. Additionally, the breach of an oral contract can be hard to prove because the terms were not written down.

What Is a Breach of a Contract?

A breach of contract is a failure to fulfill the terms of the agreement. For example, one party may not do something that it promised to do in the contract.

Do I Have to Prove I Had an Oral Contract If I Want to Sue for Damages?

Yes. Proving the existence and validity of the oral contract is an obstacle to having an oral contract. Before proving how the other party broke the contract, the plaintiff must show there was a contract that the defendant could have broken.

Do I Have to Prove the Requirements for an Oral Contract?

The requirements of an oral contract is:

  • An offer
  • Acceptance
  • Consideration

These requirements are the same as the requirements for a written contract. A party seeking to prove the oral contract was valid would have to prove the above requirements.

Can Witness Testimony Prove I Had an Oral Contract?

Yes. People who were present when the contract was made can prove the validity of the oral agreement. The individuals must be willing to testify under oath in court or provide an affidavit.

What If I Show That the Defendant Is Not Credible?

Although this may be difficult, it is possible to prove the existence of a valid oral contract through showing that the defendant is not credible. If a defendant is proven not to be credible, then the court may be persuaded that the defendant’s word denying the validity of the contract should not be believed. This does not include character creditability. Rather, it involves proving the defendant’s statements or actions directly related to the oral contract are not credible.

Should I Ask a Lawyer for Help in Validating an Oral Contract?

Proving the existence of a valid oral contract can be incredibly difficult because there is often little physical evidence that the oral contract was made. Since it may be difficult to prove that an oral contract exists, it is in your best interest to hire a business lawyer to prove the oral contract is valid.